TERMS & CONDITIONS

BLISS BEACH LLC (aka The Barbara Beach Club) TERMS & CONDITIONS and ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT.

​By submitting payment, you agree to the below terms and conditions and BLISS BEACH LLC Liability Waiver:

All customers must be 18 years of age or older to book with Bliss Beach/The Barbara Beach Club unless they are accompanied by an adult. 

I. DEPOSITS, PAYMENTS, REFUNDS, LATE FEES, DAMAGES and CANCELLATIONS

Bookings may be made through our online booking system. Note that a booking is not accepted and there is no contract between us until we confirm your booking in writing.

1. Payment is received in full upon booking.

2. Cancellations made by Bliss Beach/The Barbara Beach Club: If Bliss Beach/The Barbara cancels your booking, we will let you know as soon as possible. In these circumstances, you can choose one of the following options:

    a. Accept the offer of a credit in the form of a future booking, or

    b. Receive a refund of all monies paid, less any intermediary transaction fees

3. Cancellations or Reservation Changes requested by you: If you decide to cancel, reschedule, or modify (downgrade to a different lounge, eliminate add-ons, reduce the total scope) your reservation, the following terms and fees apply:

1. For Club Set or Chaise Chaise reservations:

   a. 48 hours (2 days) prior to reservation start: Option to reschedule / receive a credit for future use or a refund of all monies paid less any intermediary transaction fees.

   b. Less than 48 hours (2 days) but more than 24 hours (1 day) prior to reservation start: Option to reschedule or receive a credit for future use.

   c. Less than 24 hours (1 day) prior to reservation start: No refunds.

   d. Cancellations based on unfavorable weather conditions, namely significant wind or rain, will be made at the sole discretion of Bliss Beach/The Barbara Beach Club. Cancellations by result of weather will result in the offer a credit for future booking, unless otherwise approved by Bliss Beach/The Barbara Beach Club.

   All Transaction Fees are non-refundable.

2. For Cabana (Copa, Grand, Anacapa, Teak Table) reservations:

   a. 48 hours (2 days) prior to reservation start: Option to reschedule / receive a credit for future use or a refund of all monies paid less any intermediary transaction fees.

   b. Less than 48 hours (2 days) prior to reservation start: No refunds.

   c. Cancellations based on unfavorable weather conditions, namely significant wind or rain, will be made at the sole discretion of Bliss Beach/The Barbara Beach Club. Cancellations by result of weather will result in the offer a credit for future booking, unless otherwise approved by Bliss Beach/The Barbara Beach Club.

3. For Club Memberships/Season Passes:

   a. Membership is a one-time purchase, allocating the member to a specified number of reservation credits.

   b. Reservation credits are not proportional to a fractional, monetary value and may not be used in any way other than the packages offered within the bounds of the specific club joined.

   c. Membership fees are non-refundable. Members may sell or gift their membership.

   d. Each RSVP uses one member credit. Members can cancel their RSVP up to 48 hours (2 days) prior to the start of the event and retain the credit for use. Cancellations within 48 hours (2 days) qualifies as a use of the credit and cannot be transferred for use unless with written approval from Bliss Beach/The Barbara Beach Club.

4. Other Terms:

   All Transaction Fees are non-refundable.

   Credits on file remain active for a period of one year from the original reservation date unless otherwise approved by Team Bliss/The Barbara Beach Club. Re-scheduled reservations are subject to the same terms, and may be rescheduled a maximum of 2 times from the original reservation date for non-weather-related cancellations unless otherwise approved by Team Bliss/The Barbara Beach Club.

4. Lounge Location & Rebuild Requests The Barbara Beach Club setups a standard daily layout that is based on several factors critical to guest safety, experience, team logistics, local regulations, and natural beach conditions. In general, a lounge will not be moved once it is built. Allowable rebuilds will be at the sole discretion of The Barbara Beach Club team, pending availability, beach conditions and other logistical factors. A Rebuild Fee, determined by The Barbara Beach Club at the time of request based on relevant factors, may be required to be paid in full prior to a rebuild occurring. The time required for negotiations, breakdown of the original lounge, and rebuild is considered part of your original reservation window and does not extend the re-built lounge reservation by default. Additional time may be requested for purchase, pending availability. A rebuild will not be granted if it will impact the experience of other Barbara Beach Club guests.

5. Damages and Missing Equipment: You agree to leave equipment in clean, undamaged condition to avoid any additional charges for repair, maintenance or replacement. Customer accepts use of the equipment, AS IS, in good condition and accepts full responsibility for care of the equipment while under his/her possession. Damaged parts or components will be repaired/replaced at the discretion of the Bliss Beach/Barbara Beach Club team and customer agrees to pay retail prices for components replaced or repaired. Clean condition means normal wear and tear is accepted but does not include tears, stains, water damage, broken parts or damages to any parts caused by accidents. If the Customer has prepaid for the reservation as required, they agree to forfeit all or some of the monies paid, as needed and determined by The Barbara Beach Club team, for cleaning, repairs, or replacement of furniture impacted by your guests or event. If such damage is irreparable and the furniture must be replaced at the discretion of The Barbara Beach Club team based on internal operating standards, you agree to pay the remaining value of the replacement furniture and authorize Bliss Beach/The Barbara Beach Club to charge the card on file. 

Customer agrees not to exceed the maximum number of guests for each set-up (4 people for Club Set, 6 people for Chaise Chaise, 14 people for Copa Cabana, 25 people for Grand Cabana, 55 people for Anacapa Cabana) unless explicit permission is given in writing. The customer agrees to pay a fine of $200 per guest that exceeds this limit if permission is not granted and cover any fines issued to guests or to Bliss Beach/The Barbara Beach Club if county or city regulations are broken.

You agree to provide Bliss Beach/The Barbara Beach Club with credit card details, for precautionary use only.

By agreeing to these terms, I authorize Bliss Beach LLC to charge the credit card provided for all eventual costs in case of damages to any gear during my rental period, except in the case that I can demonstrate other’s faults with evidence and all necessary information for reimbursement. In case of theft or gear taken from the setup without being returned within 24 hours or within an agreed upon timeframe from Bliss Beach/The Barbara Beach Club, I will be responsible for reimbursing Bliss Beach LLC for the retail price of the items stolen while in my possession.

6. Late Arrivals, Outstanding Fees, & No-Shows: Late arrivals do not result in an extended reservation, unless approved by The Barbara Beach Club, pending availability.

Non-communicative guests who do not arrive within 1-hour of their reservation start time will be considered a ‘No-Show’, and will forfeit their reservation.

Outstanding fees including, but not limited to, added time to the reservation and day-of add-ons will be charged to the card on file.

By agreeing to these terms, I authorize Bliss Beach LLC to charge the credit card provided for reasonable late fees, as described above in this section, typically within 72 hours of the end of the reservation. If a credit card was not provided during the reservation process, you agree to provide payment or an approved payment method to Bliss Beach LLC within 72 hours from the end of your reservation. If payment or payment method is withheld, the debt will be sent to collections.

7. Reservation times are subject to change: The Barbara Beach Club operating hours are seasonal and shift throughout the year based on sunset, and periodic weather conditions.

During a guests booking process, if the reservation time(s) listed in the online booking form and/or in the initial reservation confirmation email do not reflect the correct future seasonal reservation time (as shown on the reservation webpage), the guest reservation will be manually rescheduled by Bliss Beach/The Barbara Beach Club team, no less than 72 hours in advance of the reservation day (if applicable), but ideally as soon as possible after booking. The client will receive a rescheduled notice.

The refund policy applies to all Barbara Beach Club reservations and exceptions are not offered due to concerns regarding the seasonal timeframes.

Furthermore, the reservation times listed on the website may be subject to further change on a case by case basis, if deemed necessary by The Barbara Beach Club team, to accommodate seasonal elements or outside factors outside of our control (ex: sunset time, daylight savings, winter tides, local events, etc.). In the event that The Barbara Beach Club team needs to reschedule a reservation to a time outside of the times listed on the website, they will contact the guest to discuss options.

II. ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT

Bliss Beach LLC, aka The Barbara Beach Club, (“Company”) has developed a beach lounge (“Product”) and offers experiences relating to the beach lounge (“Program”).

I hereby acknowledge, and agree as follows:

Assumption of Risk: I am aware of and acknowledge that there are risks of injury, illness, death and property damage inherent to participating, to traveling, and specifically to the Product and Program. I am also aware that all such risks may result from, among other causes, the active or passive negligence of Company and its employees, owners, operators, officers, independent contractors, representatives, agents and successors and Licensor and its employees (hereinafter collectively referred to as the “Releasees”). I am voluntary allowing myself to use the product and engage in the activities that may be offered on this Program with knowledge that the risk of injury, illness, death or property damage, and other associated risks, and assume any and all known and unknown risks of injury, illness, communicable illness, death, and property damage that may result from my using the Product and participating in the Program activities. I further assume all risks associated with my participation in the Product and Program including, without limitation, the risks of negligence or recklessness or failure to act, by me or by other participants or other individuals or parties, the risks associated with gathering as it relates to illness, communicable illness, and the risk of injury caused by the condition of any property, facility or transportation used during the Program.

I understand and acknowledge that the above list is not complete or exhaustive and that other risks, known or unknown, anticipated or unanticipated may also exist and result in injury, illness, disease, death or damage. I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law.

Release of Liability: To the fullest extent permitted by law, I, voluntarily and without reservation, and realizing the full legal significance of my action, hereby EXPRESSLY WAIVE, RENOUNCE, AND RELEASE, on behalf of myself, my spouse or domestic partner whichever the case may be, me heirs, my representative, my successors and assigns, and my estate, all claims, demands, rights, or causes of action of whatever or whatever nature against the Releasees, including by not limited to claims of any injury, illness, loss, damage, accident, delay, irregularity or expense caused by strikes, war or acts of terrorism, weather, sickness, quarantine, government restrictions, or arising from any act or omission of an airline, bus company, hotel, tour operator or supplier of travel services in connection with the above-referenced Product and Program. Further, I accept personal responsibility for any injury (including personal injury, disability, death), illness, damage, loss, claim, liability or expense, of any kind or nature that I or my property may suffer and I agree to release the Releasees from any and all liability arising from such risks.​

I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family, my heirs, as well as my next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume risk associated with the Product and Program to release the Releasors from any and all liability to the maximum extent permitted by law. 

Indemnification and Hold Harmless: I expressly understand that Releasees are providing no, or only limited, chaperones or supervision with respect to this the Product and Program and that I am responsible for my individual conduct, health and safety at all times. I agree to defend, indemnify and hold harmless the Releasees for all demands, costs, losses, expenses, claims, recoveries, judgements and liabilities (including attorneys’ fees) of any nature arising out of, or in consequence of, my acts, words, conduct, etc. in any way connected with my participation on the Product and Program including, but not limited to, damage to property, ant injuries or death sustained by any person(s), including myself.

By opting in to Barbara Beach Club Services, I agree to take on all responsibilities and liability related to my actions and behavior while onsite as it relates to beach regulations, municipal codes and local rules issued by the authority having jurisdiction (AHJ). I agree to pay all fees or fines that may be issued due to non-compliance of the City of Santa Barbara beach rules or legal fees related to such actions; and any other fees that may be required to resolve any dispute with the AHJ. (https://sbparksandrec.santabarbaraca.gov/park-use-rules-regulations-and-code-conduct)

Choice of Law, Binding Agreement, Enforceability: I agree that this agreement shall be governed by the laws of the State of California, that any lawsuit related to the terms of this agreement must be filed in California, and that I shall submit to said jurisdiction and waive any objection to venue. I agree that this agreement is a legally binding agreement and it is my intent that it be constructed broadly to provide a release and waiver to the maximum extent permissible under the agreement shall remain in full force and effect and in no way be impaired.

Knowing and Voluntary Execution: I acknowledge that I have read this agreement, I understand that this agreement includes an assumption of risk of the Releasees’ negligence and ability. I acknowledge that the Releasees are materially relying on this waiver and is allowing my participation in the Program due to its existence.

III. PHOTO RELEASE

From time to time, The Barbara Beach Club may photograph or gather video content of their operations. Any guests who attend The Barbara Beach Club who wish not to be photographed must inform The Barbara Beach Club in writing in advance. Photographs may be used for Bliss Beach/The Barbara Beach Club website, social media and other marketing purposes at the sole discretion of Bliss Beach/The Barbara Beach Club. Bliss Beach/The Barbara Beach Club is not responsible for internet circulation of images by outside outlets.

I have read and understand all of the above conditions and, having signed up for this program, I agree to be bound by them.